Washington and Lee University School of Law Washington & Lee University School of Law Scholarly Commons Scholarly Articles Faculty Scholarship 2020 Gamesmanship and Criminal Process John D. King Washington and Lee University School of Law,
[email protected] Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlufac Part of the Criminal Law Commons, Criminal Procedure Commons, Law and Philosophy Commons, Legal Ethics and Professional Responsibility Commons, and the Litigation Commons Recommended Citation John D. King, Gamesmanship and Criminal Process, 58 Am. Crim. L. Rev. 47 (2020). This Article is brought to you for free and open access by the Faculty Scholarship at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Scholarly Articles by an authorized administrator of Washington & Lee University School of Law Scholarly Commons. For more information, please contact
[email protected]. ARTICLES GAMESMANSHIP AND CRIMINAL PROCESS John D. King* ABSTRACT We ®rst learn formal structures of rules, procedures, and norms of conduct through games and sports. These lessons illuminate and inform human behav- ior in other contexts, including the adversarial world of criminal litigation. As critiques of the legitimacy and fairness of the criminal justice system increase, the philosophy and jurisprudence of sport offer a comparative legal system to examine criminal litigation. Allegations of gamesmanshipÐthe aggressive and strategic use of rules that violate some sense of decorum or culture yet remain within the formal rules of engagementÐcut across both contexts. This Article examines what sports can teach us about gamesmanship in criminal litigation. After distinguishing gamesmanship from cheating, this Article compares several examples of gamesmanship in sport and criminal litigation.